Wife want to come back on conditions

Hi

Thanks for the input....

I don't thik that she would apply for MCD and won't even come home  by RCR. But by getting RCR decree, i would have a ground for divorce.

But now i want divorce as i can not live with such igoistic lady who is blackmailing me for the past 1.5 years.

Now please guide me how many years(roughly idea) will take to get divorce if i go through RCR route and if i go through direct divorce petition route?

Thanks

Dear Sir,

Can  girl register a case against to their parents for forcing her to do marriage with a boy which she doesn't like,although she is major ,your words are very valuable for me which can save her life.

eagerly waitng for your reply

sachin we had discuss over it if yu still have  doubt you can call me again

choice A:

Since you are already living separate for 1.5year, better wait and complete 2 years and file for Divorce on cruelty/desertion basis. You may get divorced in 1-2 years .=  totally about 1.5-2.5 years. Assuming she doesnt come back to you. One petition.

choice B:

IF you go RCR way, assume 6-12 months for your RCR decree + 1 Year Wait (assuming you win your RCR) + Divorce proceedings (1-1.5years) = totally about 3-3.5 years. Two petitoins.

RCR is more like a nonviolent approach - bend backwards and if she still doesnt come back then you will be granted divorce like a bhikari that also after 12 months of grace period. What if you win RCR and while you are waiting, she returns back on 10th month and after few months repeats her old business.

NO LAWYER CAN GIVE YOU THE EXACT TIMEFRAME TO GET YOU A DECREE.

My suggestion: Save time, energy and peace of your mind by waiting for 6 months and then go for a Divorce petition directly and STRONGLY. Let her contest if she wants.

But i have heard that contested divorce takes arount 5-6 years. Pl. have your view on that......

I have only two grounds for divorce. 1) Desertion 2) Cruelty( wife putting conditions to come back). 

Would it be easy to get divorce on the basis of these grounds?

Thanks for the reply.....

Originally posted by : Sachin
	But i have heard that contested divorce takes arount 5-6 years. Pl. have your view on that...... You heard it right !!   I have only two grounds for divorce. 1) Desertion 2) Cruelty( wife putting conditions to come back).  If she is not ready to come, then someday you will be granted divorce on basis of wife deserting husband.   Would it be easy to get divorce on the basis of these grounds?  Getting divorce is not that easy.  Mental cruelty, to be proved is very difficult, either she should have had given a false police complaint against you, filed a false DV case against you, filed a false 498a case against you, then it becomes easy to get divorce, as such filing of false cases is a very good ground for getting divorce. Thanks for the reply.....

Last best option:  Pay her money, ask how much she wants, sit for negotiation, if you cant find a negotiator in arriving at a price for your freedom, you may as well ask the intervention of the judge.  Pay her money, get MCD, she gets money, you get freedom back!!

@author

you are asking for a magic pill to clear all your doubts ! nobody can give that, but everyone is looking for it.

you heard it right, not just 5-6, there are cases running for 10 years.

if you assume winning RCR will make you eligible for divorce, idont think it is guaranteed. if she contests your case (rcr or divorce or any), it means cases get dragged. if you have strong evidences - where she physically assaulted you and you have proof, is mentally sick, is having a physical affair or as @hh mentioned filed false cases etc., it becomes fast.

Behaviour cruelty is difficult to prove unless there is material evidence.

Your  best bet would be NO COHABITATION between husband and wife for more than 2 years, there need not be a bigger reason for divorce. First desertion and its cruel effect, second other acts of cruelty by her.

so relax, sit back, read about various divorce cases on the internet and when you get the indian family court picture, you will be suggesting steps for others :)

your only action should be to try and convince her to come back (by email/letter etc. keep proof of your attempts to reconcile), when you have the proof, you stop trying and wait for 2 years to complete.

Thanks for the reply..

I have only two grounds for divorce.1) Desertion 2) Cruelty( wife putting condtions to come  back)

Do you think on the basis of  only these two grounds, i would be able to get divorce easily within 1-2 years?

Pl. advise............

1-2 years,too short.Maybe  if u r lucky.Good luk

Dear Expert Lawyers.

May i have your veiws on RCR/ Divorce proceeding please.

How much time both cases may take.

Thanks